HomeMy WebLinkAboutOrd. No. 2007-1225
ORDINANCE NO. 1225
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, DESCRIBING THE
REDEVELOPMENT AGENCY'S PROGRAM REGARDING
EMINENT DOMAIN PURSUANT TO CALIFORNIA HEALTH &
SAFETY CODE SECTION 33342.7
WHEREAS, the Redevelopment Agency of the City of Lake Elsinore
("Agency") is a community redevelopment agency duly created, established and
authorized to transact business and exercise its powers, all under and pursuant
to the California Community Redevelopment Law (Part 1 of Division 24,
commencing with Section 33000, of the Health & Safety Code of the State of
California) ("CRL"); and
WHEREAS, the Agency is engaged in activities necessary and
appropriate to carry out the Redevelopment Plan ("Redevelopment Plan") for the
Lake Elsinore Rancho Laguna Redevelopment Project Area No. 1 ("Project Area
1") which was adopted by the Agency's legislative body, the City Council of the
City of Lake Elsinore ("City Council"), by Ordinance No. 607 on September 23,
1980 and thereafter amended by Ordinance No. 624 on July 20, 1981 and
Ordinance No. 987 on November 8, 1994; and
WHEREAS, the Agency is engaged in activities necessary and
appropriate to carry out the Redevelopment Plan for the Lake Elsinore Rancho
Laguna Redevelopment Project Area NO.2 ("Project Area 2") which was adopted
by the City Council by Ordinance No. 671 on July 18, 1983 and thereafter
amended by Ordinance No. 987 on November 8, 1994; and
WHEREAS, the Agency is engaged in activities necessary and
appropriate to carry out the Redevelopment Plan for the Lake Elsinore Rancho
Laguna Redevelopment Project Area No. 3 (Project Area 3") which was adopted
by the City Council by Ordinance No. 815 on September 8, 1987 and thereafter
amended by Ordinance No. 987 on November 8,1994; and
WHEREAS, Senate Bill 53 added Section 33342.7 to the CRL requiring
legislative bodies to adopt an ordinance containing a description of the
Agency's program to acquire real property by eminent domain; and
WHEREAS, the enactment of this Ordinance is exempt from the California
Environmental Quality Act (Public Resources Code Section 21000, et seq.)
("CEQA") pursuant to CEQA Guidelines Section 15378(b)(5) (California Code of
Regulations Section 15378(b )(5)) because it is an administrative activity that will
not result in any potentially significant physical impacts on the environment.
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE DOES ORDAIN AS FOLLOWS:
SECTION 1: At present the Agency has no eminent domain authority
and, consequently, has no program to acquire real property by eminent domain.
SECTION 2: In order to re-establish the authority to exercise eminent
domain within any part of the Project Areas, the Agency and City Council would
have to amend the Redevelopment Plans in accordance with all notice and
procedural requirements set forth in applicable provisions of the CRL, including
Article 12 commencing with Section 33450.
SECTION 3 If any provision, clause, sentence or paragraph of this
Ordinance or the application thereof to any person or circumstance shall be held
invalid, such invalidity shall not affect the other provisions of this Ordinance and
are hereby declared to be severable.
SECTION 4: This Ordinance shall take effect thirty (3) days after the date
of its final passage. The Interim City Clerk shall certify as to adoption of this
Ordinance and cause this Ordinance to be published and posted in the manner
required by law.
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Lake Elsinore, California, on this 26th day of June
2007. . /////?
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ATTEST:
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MICHELLE SOTO
INTERIM CITY CLERK
APPROVED AS TO FORM:
~ ~. ~-
BARBARA ZEID LEIBOLD
CITY ATTORNEY
CITY OF LAKE ELSINORE
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STATE OF CALIFORNIA )
COUNTY OF RIVERSUDE )ss.
CITY OF LAKE ELSINORE )
I, MICHELLE SOTO, Interim City Clerk of the City of Lake Elsinore,
California, hereby certify that the foregoing Ordinance No. 1225 was
introduced at a regular meeting of the City Council of the City of Lake Elsinore on
the 12th day of June 2007, and was finally passed at a regular meeting of
the City Council of the City of Lake Elsinore held on the 26th day of June
2007, by the following roll call vote:
AYES: MAYOR ROBERT E. MAGEE
MAYOR PRO TEM DARYL HICKMAN
COUNCILMEMBER THOMAS BUCKLEY
COUNCILMEMBER GENIE KELLEY
COUNCILMEMBER ROBERT SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
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MICHELLE SOTO
INTERIM CITY CLERK
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